By Hilary Bricken, Principle, Harris Bricken
We wrote a couple of times about the Department of Cannabis Control’s (DCC) proposed emergency regulations. See here and here. Under those regulations, some interesting changes were proposed around the definitions of owners and financial interest holders, alongside restrictions on license stacking on “contiguous” premises (among other things).
On September 15, 2021, the DCC submitted to the Office of Administrative Law (OAL) an action to adopt its emergency regulations that “consolidate, clarify, and make consistent licensing and enforcement criteria for commercial cannabis businesses, including cultivators, manufacturers, distributors, retailers, microbusinesses, testing laboratories, cannabis event organizers, and temporary cannabis events.” The OAL approved the emergency regulations and filed them with the Secretary of State on September 27, 2021. These adopted emergency regulations are now in effect.
In this adopted version of the emergency regulations here’s what made (and didn’t make) the cut:
A lot of the consolidated emergency regulations create some much needed technical fixes to the rules, but they also introduce new ambiguities in places– the biggest one probably being the anti-license stacking regulation. I’m glad to see the DCC acting so quickly to take the reins and address some immediate industry issue, but the real kicker will be around the DCC’s interpretations of these regulations as time goes on and licensees put them to the test.
Re-published with the permission of Harris Bricken and The Canna Law Blog
Hilary Bricken is a partner with the law firm Husch Blackwell, where she advises clients in the cannabis, healthcare, and life sciences spaces on transactions, regulatory compliance, governance matters, and other corporate needs. Hilary may be reached at [email protected].
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